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    • Oh god! How silly!   I had so many different tabs and word documents open , cutting and pasting different bits I think I’ve copied in the wrong one.   Just had to nip out. I’ll post the correct version ASAP! X
    • Thank you for your response. I've read through some of the threads, however I haven't found any in a similar situation to mine where the overall outcome of the investigation has been posted (whether it was an out of court settlement or a conviction that resulted in a criminal record).    I'm aware that what typically happens is that you're taken to court where they give you a £1000 fine and a criminal record of 12 months (or 11 years if its an enhanced DBS check). This is the information I received following contacting a the TFL legal advice team.   
    • urm.. that's a telecom defence?? why not adapt the one I pointed you too??    
    • Thank you all again.   I think the word story is quite apt as it is clear from the 29 points over 6 pages that my parents have insisted lots of frankly irrelevant and often untrue things have been included in the solicitors letter.   Here is me filling in the gaps!   There was a dispute over a will in respect of your grandfather's house but the dispute was eventually abandoned and it seems that the house was apportioned to your mother and her brother who presumably were the only two children. The will was unsigned and so we could say that the house passed to the two of them under the rules of intestacy.   Not abandoned, it went to court and the court decided it should be sold and the £ divided between my Mother and my Uncle who were the only two children. So maybe they did own it whilst on the market? You then decided to buy the house for £50,000 and presumably the money you paid was divided between your mother and your uncle – who were the owners of the house.   Correct, it went on the market, a few people viewed it, my parents were awkward towards these potential buyers and then I made the offer to the estate agent and purchased it. This was in 1999. We talking about 20 years ago here and so in respect of most legal questions I would have thought that some limitation period applied. (However the issue of the trust has been raised – and this wouldn't be affected by limitation) However, presumably the house was bought at a proper value given the market at the time and any work that it needed doing. Presumably the house was properly conveyed.   Exactly, 20 years is ridiculous, and during that time my Father could have purchased it from me, instead of purchasing their own council house, if they really wanted to it 'back' as they keep saying. Yes market value in need of work and all above board. Although a lot of things have passed – including home improvements, tenancies et cetera, from the story you have told us, neither your parents nor your uncle have been involved in this at all. My Uncle has also sadly passed away.   I obtained additional borrowing to fund the work needed in 2008 (not mentioned in letter obviously) and have found some receipts, emails and mortgage letter to back this up, but in the letter my parents claim they paid for all this and carried out the work as I ‘had little interest in the property’ also all correspondence from letting agent is to me, but in letter claims by Father did all these and ‘I merely singed the tenancy’ which is rubbish.   One weird thing, the garden shed is still full of my Grandad's tools and my parents have the only key to this, have visited it randomly and instructed a builder person we both know over the years to trim the hedges. This was always been behind my back and have asked them to let me know or I can do it. I spoke to him yesterday and they have always paid him cash, so no paper trail.   Now you have received a letter from your parents saying that the house is really theirs and that you have simply been holding it on trust for them and they now want it back. Is this a reasonable summary of what has happened?   Yes, although the ‘trust’ that is mentioned is literally something they have made up, assumed or otherwise. There is absolutely nothing to my knowledge of this kind in place.   Although you have written a fair bit about bills, tenancies, and that you have lived in your parents home for some of this 20 years, I'm not sure what relevance that has to the problem. I have to say that your explanation is very unclear. A bit rambling in fact. If you think that part of the story is relevant then maybe you'd like to express it all a little more clearly and say in what way you think it is relevant to the problem.   Reason being it is referred to in the letter and quite representative of the whole letter, rambling. My point was it is not true and I am the one who has paid for these. It’s almost like they are trying to paint me as someone collecting the rent money whilst the did all the hard work and paid for things. You are much more familiar with the story then I am but I don't see that those factors are terribly important on the brief understanding that I have. if if any money is owed to your parents because of you having lived with them et cetera then it seems to me that that is a separate matter and has nothing to do with your ownership of the property.   Agreed You say that you have received a letter from solicitors claiming first of all that there is a constructive trust or that you might be subject to a proprietary estoppel. In terms of the estoppel, that doctrine is only available in very particular circumstances and could not be used to attack you in any event. Estoppel, whether it is proprietary or promissory can only be used as a defence. So the question of estoppel in this situation is completely irrelevant, in my view, although I don't see any basis for one in any event.   Lets hope so So what remains is the possibility of a constructive trust. It seems to me to be highly unlikely that there is such a trust and I think that the first question needs to be asked is on what basis they consider that there is a constructive trust. Secondly, of course, even if there was a constructive trust, on the basis of what you have told us, it wouldn't only be your mother who was the beneficiary, it would also be your uncle. Furthermore, if you were a constructive trustee then at the very least you would be entitled to recover all of the expenses that you had laid out over 30 years – including the cost of the property plus interest – less any financial benefit that you had accrued from renting it out and so forth.   Good point about me being a trustee, if, such a thing were in place. I had a google of the meaning and I honestly don’t feel it meets any of the criteria. I'm not sure how good this analysis is. This is well out of my experience – but I would suggest that you consider it and see whether any of it rings true. I would also start making a very detailed account of all the money which you have spent over the years on the property and also a detailed account of all the benefits you have accrued from it. I wouldn't supply this to their solicitor but if you end up having to instruct your own lawyer then I'm sure that you may be asked for this if there is any suspicion that a constructive trust may exist. Frankly it sounds like a load of rubbish to me but we will be very interested if you will keep us up to date. So there you have it. No particular answers. Just a few unsupported and unqualified opinions     I do really appreciate your time and effort on this. Yes, when I read it all again, rubbish does spring to mind.   My parents have been very challenging to say the least and have no idea of the consequence of their actions. To be honest, they have almost shot themselves in the foot as there is so much detail in the letter, lots of which is untrue and I can prove this. If it ever got to court and I really hope it doesn’t, I can only think this would go against them.   I really do think the solicitor (who is the same one that rinsed them ££££ over the will) is just charging them for this letter, which may have been a good few hours with the unneeded detail, knowing fully well this wont go anywhere!   Another thing the letter requests that I confirm I wont sell, rent out or re-mortgage the property!!! I have literally just started a new mortgage and need tenants to pay the rent, I don't think this request hold any water at all?   I hope this does come to nothing and hopefully helps others along the way!
    • god no never invite pointless letter tennis   dx  
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Helenh7

DVLA - mid ** Success **

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My car was written off in may 2012 i cancelled insurance on 18th may 2012 and didn't send docs into dvla until oct (5 months late) i sent them everything including tax disc from jan 2012 to jan 2013, dvla then sent confirmation slip and a check for £21 i think it was minus £40 or so less, i thought that was money they took for fine and that was end of it. WRONG a couple of weeks later i get a letter from - mid - database shows this vehicle was not insured on 19/10/2012 penalty £100, i filled form to appeal and inclosed dvla letter of confirmation and insurance letter of cancellation,then on 5th 12th 2012 i get final notice of failure to insure, so i phoned mid and asked what had happend to my letter of appeal, they said they didn't receive my letter BUT the records have now been updated, can anyone please advise me on what to write on this appeal, oh and how could they update records if they didn't receive my letter of confirmation from dvla. thankyou,

Edited by Helenh7
misspelling

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Hello Helenh7, welcome to the CAG.

 

Enjoy your visit, but take some time to look around the forum and understand where everything is.

 

 

It can seem confusing at first but you will start to find your way round and to understand what a helpful community we are.

 

You haven't received any replies to your post yet. Try posting your query again in a relevant sub-foum. You will get the help and support you need there.


Please be advised that my time will be limited for the next few weeks.Thanks for your understanding.

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Moved to the DVLA section

 

I don't understand why you would send the insurance cancellation letter, that just proves the DVLA point that the vehicle wasn't insured as it shows you cancelled the insurance in May so the car was uninsured for about 5 months.

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Hi Conniff, I didn't have car to insure, it was written off as it was costing to much to repair, it went on fire due to a manufacturing fault, the manufacturers insurance company paid me out, once i accepted the offer i then went back to arnold clark where my car was going to be repaired, i emptied the car of my belongings and my tax disc,but due to ill health (severe deppression) i didn't send my documents into dvla until 5 months later, i was fully insured 1 year tax and mot everything was above board and legit, the accident happend in april and once i accepted the offer i then got in touch with insurance company and told them the story, no more car so cancelled insurance in may. I have since found out "under the new system"dvla will work in partnership with the motor insurer bureau to identify uninsured vehicles and send the registered keeper a warning letter warning them if they fail to comply with the advice set out in the letter they will face a fixed penalty of £100, I did not receive any letter. Motor insurance database sent me a fixed penalty only after i wrote to dvla,the only thing im guilty of is sending my documents in late, and they deducted £40 from my car tax refund, this must be because i was late with sending back tax disc,i phoned dvla to find out about the £40 and £100 fine that mid are asking for and was told cant talk about it on phone write in to fines office.

Edited by Helenh7
left somthing out

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Hi sir_gilmour, thankyou, yes it is a bit confusing.

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Unfortunately you never SORNed the car so were without insurance for 5 months as the DVLA had no idea it had been written off and are assuming you were using the car on the road without insurance. The regulations stated that unless SORNed a car must have insurance. You may find it difficult to get out of this one as technically the law was broken.

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The regulations stated that unless SORNed a car must have insurance. You may find it difficult to get out of this one as technically the law was broken.

 

I think Surfer may be quite right unfortunately. As we all suspected when they introduced this fantastic new law the was going to cure the problem of uninsured vehicles being driven, it does nothing of the sort, but merely is making a fortune off "innocent" owners who are caught in this minor misunderstanding and never had any intention of driving an uninsured car.

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Maybe a way out. Maybe at that time,the insurance company was the legal owner and the insurance company was negligent and never SORNed the vehicle. I think if OP can determine at what point ownership was passed onto insurance company, there may be a slim chance.

 

BTW what does normally happen in instances were the car is written off?

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BTW what does normally happen in instances were the car is written off?

 

RK should complete Part 9 (V5C/3) of the V5C and send it to DVLA and give rest of V5C to the Insurer.

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RK should complete Part 9 (V5C/3) of the V5C and send it to DVLA and give rest of V5C to the Insurer.

Thought as much, however after writing off a car and all the stress associated with it, probably the last thing on your mind. Surely if insurer do not ask for paperwork, how can they scrapped the vehicle. In an extreme circumstance if the person is killed or badly injured and in hospital for months, how would it work?

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Good news, i got letter from DVLA Enforcement Centre this morning it states,(Thank you for your reply to the fixed penalty notice. In view of the information provided to us no further action will be taken).What a relief, and yes Surfer01 i was totally stressed didn't need the extra aggro from the modern day bounty hunters. Thankyou to all who replyed to my query.

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|Good result. Common sense prevailed at DVLA for a change.

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Congratulations, I have change your subject title to show your success.

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